Legal Opinion
Zayre of Georgia, Inc. v. City of Atlanta
District Court, N.D. Georgia
Decided March 1, 1967No. Civ. A. 10106PublishedCited by 3 opinions
1Opinion of the Court
LEWIS R. MORGAN, Chief Judge.
The instant action was brought to seek an injunction requiring the City of Atlanta and its officials to apply Georgia Code Section 26-6905 in a non-discriminatory manner, or in the alternative to strike down such statute as unconstitutional.
The statute in question provides: “Any person who shall pursue his business or the work of his ordinary calling on the Lord’s day, works of necessity or charity only excepted, shall be guilty of a misdemeanor.” Various activities have been exempted from the above statute by legislation. Such exempted activities include the…
2Cases cited4 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- McGowan v. MarylandSupreme Court of the United States · 1961
- Two Guys From Harrison-Allentown, Inc. v. McGinleySupreme Court of the United States · 1961
- Wood v. EvansSupreme Court of Georgia · 1896
3Cited by3 opinions
- Epstein v. MaddoxDistrict Court, N.D. Georgia · 1967
- Zayre of Georgia, Inc. v. The City of MariettaCourt of Appeals for the Fifth Circuit · 1969
- Zayre of Georgia, Inc. v. The City of MariettaCourt of Appeals for the Fifth Circuit · 1969